HOLMSTROM v. SIR

No. 97-1190.

590 N.W.2d 538 (1999)

Clayton HOLMSTROM, Suzanne Holmstrom, Wayne Diedericks, Stephanie Diedericks, Jim Hughes, Penny Hughes, Karl Krause, Barbara Lammers, Connie Reinhart, Eva Walker, Janet Worden, Evelyn McMullen, Mary Louise Salisbury, Martha Routh, and Maxine Krause, Appellants, v. Tim SIR, Kim Sir, Kyle Beran, Jill Edwards, Brady Hunter, Kathy Lichty, Donn Sickles, Katie Sorge, Darwin Sorge, John Wilson and First Congregational Church, Cresco, Iowa, Appellees.

Supreme Court of Iowa.

March 24, 1999.


Attorney(s) appearing for the Case

David J. Dutton and Carolyn A. Rafferty of Dutton, Braun, Staack & Hellman, P.L.C., Waterloo, for appellants.

Brendan T. Quann and Stephen C. Krumpe of O'Connor & Thomas, P.C., Dubuque, for appellees.

Considered by McGIVERIN, C.J., and HARRIS, CARTER, NEUMAN, and CADY, JJ.


HARRIS, Justice.

An attorney who files a motion is in peril of being sustained. Much, perhaps even all, of this church dispute might well be subject to dismissal on summary judgment. Unfortunately for these defendants however, their attempted motion for summary judgment was never reached because the court sustained their motion to dismiss. We cannot affirm dismissal on the pleadings, and hence must reverse and remand.<...

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